The SIBO Coaching Program Terms and Conditions of Registration

1. The SIBO Coaching Program Terms and Conditions of Registration

The SIBO Coaching Program is owned and operated by The Healthy Gut (ABN 91 520 971 497) of PO Box 1405, Camberwell East LPO, Victoria, 3126, Australia, Tel +61 416 922 191. These terms and conditions (including these Terms of Trade, Website Terms and Conditions and Privacy Policy, altogether the “Terms“) are a legal agreement (the “Agreement“) between you (“you” and “your“) and The Healthy Gut (“The Healthy Gut” “we” or “us“, known as “THG” henceforth) which applies to your use of The Healthy Gut website (the “Site“) and goods and services (“Products“), including the SIBO Coaching Program (“the Program“) ordered and purchased by you via the Site.

By using our Site or any Services or purchasing our Products, you agree to be personally bound by these terms and conditions. Users of our Service must be 18 years of age or older, and must be 18 years or older to purchase any of our Products or Services. By signing this document, you represent and warrant that you are at least 18 years old. By using our Site or any Services or purchasing our Products you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and will notify you when we do so. If you do not agree to the Terms of Service or the Privacy Policy, please cease using our Site and Service immediately.

Upon registration as a member, you will be provided with access to the SIBO Coaching Program content and private Facebook group. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the links associated with that account is deemed to be access or use by you. THG may terminate your registration as a member without notice or compensation in the event of breach of this Clause.

Registration as a member covers a set time frame of one Round only. Each Round opens and closes on specific dates and access to the program cannot be extended outside of these times. Content in the program unlocks sequentially over the course of a Round, and all downloadable content associated with that Round will cease to be accessible as at 11.59pm AEST of the final day of the Round. You are solely responsible for downloading content within the time in which the Round is open. No further access to the content will be given after closing of the Round.

If you, or a user on whose behalf you register, or a person operating under your user access breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further, you acknowledge that THG is entitled to suspend or terminate your use of the program at any time if THG considers that you or any person operating under your user access have brought, or may bring, the reputation of THG or its members into disrepute or have breached any law or committed an offence, including, but not limited to defamation against any person

If you are registering on behalf of another person, it is your responsibility to inform them of their obligations as a user of this program and ensure compliance with these terms.

2. Seek advice from your medical practitioner

The SIBO Coaching Program is for informational and educational purposes only, and complementary to the medical treatment of your SIBO condition. The Program is intended to be a supportive aspect of your treatment and recovery of SIBO. We strongly recommend that you take medical advice before embarking on any, and all, treatment of SIBO and any associated conditions. THG reserves the right to cease your membership of the Program if you do not seek appropriate medical advice before commencing the Program.

None of the content or products offered on THG Site or Program are meant to diagnose, treat, alleviate or relieve any medical or health conditions and are not intended as a substitute for the advice provided by your physician or other healthcare professional.

You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our Products. If you have or suspect that you have a medical problem, promptly contact your healthcare provider.

Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on our Site. If at any time you notice any unanticipated changes to your health, develop additional, or exacerbated medical issues, you should seek medical attention immediately. Do not disregard, avoid, or delay obtaining advice because of information from THG Site.

Podcasts/Webinars by medical professionals are informational and educational only, and any action you wish to take as a result of these is wholly at your own risk. You should always speak with your own physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products.

THG is not a registered Australian health care provider and is not regulated by AHPRA.

THG will not be liable in any way for your failure to comply with the provisions in this clause.

3. Nutritional Information

Nutritional information provided on the THG website is based on research of current, peer-reviewed scientific literature available to, and considered relevant by THG. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.

4. Testimonials

Any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

5. Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Site, other members, other contributors to the Site, and advertisers or sponsors.

We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Site (including User Content of other users of the Site referred to below). Where the information made available over the Site contains opinions or judgements of third parties (including advertisers), we do not endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to info@thehealthygut.co. We may investigate the claim and take appropriate action, in our sole discretion.

6. Linking

You must not frame, reformat, replicate or mirror any part of the Site or Program, or use any data mining robots or other extraction tools in relation to the Site or Program, without our prior written authorisation. You may not link to our Site without our prior consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.

The Site may contain links to or display the content of third parties, including links to websites operated by other organisations and individuals. Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

7. Modification of Service

We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. You are not entitled to a refund of any monies paid to THG or compensation of any kind in the event that we alter the Service.

8. Payment

In order to purchase any THG products you will be required to provide us with your credit card information. All credit card information may be shared with our third party payment processors such as PayPal. By ordering a THG Product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at info@thehealthygut.co.

The prices for services provided under this Agreement will be as set out on the Site at the time you apply for the services.

All prices are in AU dollars unless otherwise stated and exclusive of GST. GST will be charged at checkout based on the residence of the purchaser. All Australian residents will be charged GST at checkout.

Weekly payments for the SIBO Coaching Program

Weekly payments will be deducted automatically on the Monday of each week, from the time of purchase for a minimum of twelve (12) weeks.

Monthly payments for the SIBO Coaching Program

Monthly payments will be deducted automatically each month, on the 27th of each month, from the time of purchase for a minimum of six (6) months.

Annual payments for the SIBO Coaching Program

One annual payment will be deducted automatically at the time of purchase, for a minimum of twelve (12) months.

If your payment details change or payment is defaulted at any stage your Program account will be frozen until you update your payment details and payment of any amounts outstanding is made. By selecting an instalment payment plan you agree to pay all monies owed in full, unless otherwise agreed by THG (see 10. Refunds).

9. Taxes

You agree that we may charge you taxes such as GST for any purchases through our Site and Service. If we fail to charge you GST you agree to pay any applicable GST or other taxes as required by your local laws and ordinances.

Prior to the start of the Program and up until the end of the 30th day of the SIBO Coaching Program, you will be eligible for a full refund less the value of any additional Products or services you received as part of your purchase if you are not satisfied with your purchase, providing you have attended all webinars in the period. The specific start date of your Program is listed on our Site and was selected by you at the time of purchase.

If you wish to cancel your monthly subscription, you must do so in writing to info@thehealthygut.co no later than five (5) business days prior to the next Round commencing. Failure to do so will result in the renewal of your Program membership for the following Round and payment therefore being required in accordance with these Terms.

Deferrals:

If you are unable to complete the Program, we can provide you with a one-time deferral to a future SIBO Coaching Program Round, providing we are notified within the first seven (7) calendar days of commencement of your current Program. If you are unable or unwilling to undertake the program, we are unable to transfer the program to another user of our Site and Service. Once a refund is completed, you will no longer have access to the SIBO Coaching Program website. To request a refund for the Program, please contact us at info@thehealthygut.co.

11. Termination Policy

THG reserves the right, in its sole discretion to restrict, suspend, or terminate Users’ access to all or any part of the Site and/or Program at any time, for any reason, with or without prior notice, and without liability. We may, from time to time, monitor your use of the Site and/or Program to determine if you are in breach of these terms.

12. Site and/or Program Availability

We do not guarantee that the Site and/or Program will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Program may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Program will work as advertised, or that they will give you the desired results.

13. Use of THG

When using our Site and/or Program, you are responsible for your use of THG, and for any use of THG made using your device/s or access codes. You also agree that your use of THG is for personal non-commercial use. You agree not to access, copy, or otherwise use THG, including our intellectual property and trademarks, except as authorised by these Terms of Service or as otherwise authorised in writing by THG. You agree:

* You will not copy, distribute or disclose any part of the Site or the Program in any medium, including without limitation by any automated or non-automated “scraping”;

* You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Program;

* You will not take any action that imposes, or in our opinion, may impose an unreasonable or disproportionately large load on our infrastructure;

* You will not collect or harvest any personally identifiable information, including account names, from the Site or Program;

* You agree not to stalk, harass, bully or harm another individual who uses our Site or Program;

* Not to upload, post, transmit or otherwise make available any material that

a) is not your original work, or which may infringe the intellectual property or other rights of another person;

b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

c) includes an image or personal information of another person unless you have their consent;

d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

e) contains large amounts of untargeted, unwanted or repetitive content; or

f) contains financial, legal, medical or other professional advice.

* Not to impersonate any person or entity or misrepresent your affiliation with a person or entity;

* You will not hold THG responsible for your use of our Site or Program;

* Not to violate any requirements, procedures, policies or regulations of networks connected to THG;

* Not to interfere with or disrupt the Site or Program;

* Not to hack, spam or phish us or other users;

* To provide truthful and accurate content;

* To not violate any law or regulation and you are responsible for such violations;

* Not use our Site or Program to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;

* Not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;

* Not upload any content to our Site or Program that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;

If you believe that a user has breached any of the above conditions, please contact us at info@thehealthygut.co.

* We reserve the right to refuse service, block or suspend any user of the Site or Program, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Site or Program by any user, without prior notice.

* We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site or Program by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.

* You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.

14. Intellectual Property Rights and License Grant For Your Content

The design of the THG Service along with THG created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to THG, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. THG reserves all rights not expressly granted in and to the Program and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Program unless we have given express written permission.

By uploading, transmitting, posting or otherwise making available any material via the Site, Program and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.

15. Limitation of liability

In no event shall we (THG, or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Site, any linked website, your reliance on any information obtained through the Site or your use of any services on the Site, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

1.If the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods;

or,

2. If the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

16. Indemnity

You agree to indemnify THG and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.

17. Governing Law

These terms are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.

18. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Victoria, Australia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

19. Electronic Communications

The communications between you and THG use electronic means, whether you visit the Site or Program or send THG e-mails, or whether THG posts notices on the Site or Program or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from THG in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that THG provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

20. General

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THG without restriction.

This Agreement constitutes the entire agreement between you and THG regarding the use of the Site and our services and the Programs and/or any Products.

The failure of THG to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

THG takes no responsibility for changes in the law which affect the Programs and/or any Products supplied.

THG reserves the right to amend these Terms from time to time and your continued use of the Site, access to your account, or subsequent purchase of the Programs and/or any Products following the posting of any changes to these Terms constitutes acceptance of those changes.

This Agreement and all transactions undertaken through the Site are governed by the laws of Victoria, Australia and any legal actions arising out of such transactions shall be under the jurisdiction of the courts of Victoria, Australia.

21. Contact Information

If you have any questions or concerns about your order or if you have any questions about our Products do not hesitate to contact us. You may contact us by email at info@thehealthygut.co.